Disclosure

Question 1

Legal advice privilege

Answer 1

Definition
A document which is a confidential communication between a lawyer and a client and was prepared for the purpose of giving or receiving legaladvice.

Question 2

Litigation privilege

Answer 2

Definition
A document which is a confidential communication which passed between the lawyer and his client or between one of them and a third party, where the dominant purpose in creating the document is to obtain legal advice,
evidence or information for use in the conduct of litigation which was at the time reasonably in prospect.

Question 3

Without Prejudice

Answer 3

Documents whose purpose is a bona fide attempt to settle a dispute.

Question 4

Proportionality (CPR 31.3(2))

Answer 4

Although proportionality is not a ground of privilege, the CPR also provides that inspection is not required if a party considers that it would be disproportionate to the issues in the case. However, if a document has been found and its existence disclosed, after a reasonable search, there is generally little additional expense involved in allowing inspection. This provision is therefore little used in practice.